Sham Sunder vs Punjab National Bank on 30 December, 2022

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Central Information Commission

Sham Sunder vs Punjab National Bank on 30 December, 2022

1. The issue under consideration arising out of the second appeal dated 12.11.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 14.09.2021 and first appeal dated 12.10.2021:-

(i) Grievance No DEABDE/2021/08240, DEABDE/2021/08243 and DEABD/E/2021/08250 disposed by CO Fazilka with remarks issues are neither directly nor indirectly relates to him. Responding to the issues raised by him would tantamount to breach of bank secrecy and privacy of customer accounts.

1) Provide the guidelines of bank/CPGRAM depicting therein that he can lodge issues on CPGRAM portal which directly or indirectly relates to him. 2) Provide the record on the basis of which bank had come to the conclusion that Page 1 of 8 responding to the issues raised by him would tantamount to breach of bank secrecy and privacy of customer accounts. 3) Provide copy of file noting done on grievances.

(ii) Grievance number DEABD/E/2021/33380, DEABD/E/2021/34774, DEABD/E/2021/35300, DEABD/E/2021/35299, DEABD/E/2021/35322, DARPG/E/2021/11979 disposed of by CO Fazilka with remarks that these complaints are repetition of previous complaints, which have earlier been replied/dropped by CO: Bhatinda. In this connection, we may inform that, Bank has its own systems and procedures and any deviation if observed is dealt accordingly. 1) Provide complete record including file noting done on grievances previously disposed as claimed by respondent. 2) Provide record depicting therein that issues raised had been examined viz a viz system and procedures bank had and found no deviation. 3) Provide copy of file noting done on grievances.

(iii) Grievance DEABD/E/2021/39882, DEABD/E/2021/39877 disposed by CO Fazilka with remarks that complaints are repetition of previous complaints, which have earlier been replied/dropped by CO: Bhatinda. In this connection, we may inform that, "Posting of concurrent auditors is not at the discretion of Circle Office. 1) Provide complete record including file noting done on grievances previously disposed as claimed by respondent. 2) Provide copy of guidelines empowering you, that in case issues does not fall under discretion of circle office, to close the issues with remarks that Posting of concurrent auditors is not at the discretion of Circle Office instead of sending the issues to authority in whose discretion power falls. 3) provide copy of file noting done on grievances.

(iv) Grievance number DARPG/E/2021/13310 and DARPG/E/2021/1520 disposed of by CO Bhatinda with remarks that the issues are not related to bank. 1) Page 2 of 8 Provide copy of guidelines of bank/cpgram depicting therein that only issues related to self can be lodged on cpgram portal. 2) Provide copy of file noting done on grievances.

(v) PF number ****669 was promoted as scale IV and allocated Chandigarh Zone, but he joined Guruharsahai branch under Ludhiana zone. 1) Provide complete record of change in zone including policy of bank under which he was accommodated so that he can commute daily from his home town by changing the zone. 2) Provide copy of file noting done on grievances.

(vi) In case number CIC/PNBNK/A/2018/172444, respondent claimed that information was provided vide letter dated 13/04/2021. 1) Provide the complete record of dispatch of letter dated 13/04/2021 to him including copy of dispatch register, date of dispatch and receipt of post office/courier sending the information. 2) Provide copy of file noting done on grievances.

(vii) PF No ****259 while his posting at BO3442 damaged growth of the branch and declare as failure and he threatened the management in the meeting if they disturb him, he will opt for VRS like his second man and accommodated locally in a scale II branch as I/I. Provide copy of guidelines under which he was accommodated locally along with file noting done while accommodating him.

(viii) Provide completed record including file noting on all the issues relating to merger of Faridkot cantt brought to your notice vide various emails last is Re:

merger of faridkot Cantt branch in faridkot to BO MGM Faridkot Yahoo/Sent ShamSunder [email protected] To:Daljit Singh Tue, 14 Sep at 10:22 am sir, thanks for the response and waiting for the final outcome. On Monday, 13 September, 2021, 01:11:43 pm IST, Daljit Singh, [email protected] wrote: Sir As discussed matter is already being reconsidered and being recommended to HO to drop the merger. We will update you with decision in due course of time.

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(ix) Provide record of final action taken on the email to cvo i.e. Sham Sunder [email protected] To:[email protected] Fri, 3 May, 2013 at 9:37 am Dated 03/05/2013 The CVO PNB New Delhi Sir, I want to bring in to your notice that the loan was sanctioned to Mittal RCC pipe Industries by BO Fazilka under PMEGP. But as per the record and the transaction in the account the unit is in existence before sanction of loan under PMEGP. The electric connection at the site will prove the same. Bank can leave this aspect, but the stock report given by the party for the release of Cash Credit Limit was for Rs 696500/- thus the total of investment in the project exceed Rs2500000/- i.e. 1900000/- Term Loan + margin money of Rs100000/- + stock report of Rs 696500/-. To this cost of electric connection be added which was not in the project cost as no advance was made. The benefit was extended to the party in violation of the Govt.

guidelines/bank guidelines. You are requested to get the matter investigated and take suitable action in the matter as bank may deem fit including the criminal action. In case bank observe that no cognizable offence has been made then file the letter under intimation to me.

(x) Provide complete record of final action taken on email to CVO Re:

representation Yahoo/Sent Sham Sunder [email protected]>To:Cvo Cc:Md Sun, 16 May at 9:33 pm Sir, he had brought into notice about the misdeeds vide email dated 19/02/2016, but no action was taken. Thereafter follow up was made besides lodging grievance on PM Portal and CPGRAM portal. Investigation was got conducted from vigilance officer posted at Ludhiana. But he has not conducted the investigation as per the manual of the bank for the reasons best know to him. He has only reported about the accounts opened for the persons who are not residing in the Talwandi area and that too very few accounts. About the common phone number feeded in the system he has admitted, but mentioned that number is not exist. Besides this he has done Page 4 of 8 nothing to arrive at the truth for the reasons best know to him. he has not contacted the persons whose account was opened for the purpose mentioned above at Faridkot cantt branch and Talwandi branch besides track of the record in these accounts and contacting the person who has transferred the amount to these persons and then these persons transfer the amount to new person who wants documents for Visa. The cheque book was got issued and which was also got signed (blank cheque) by the account holders. 2 He has not contacted the Middlemen, one of which having land line number ********504 by getting the record of the phone number traced in this era of digitalization. (copy of the record already provided to bank is again attached depicting the complete address of the owner of number. He also not ascertained the reasons for transferring the amount to SF account from another account which has no relation then issuing FDR, sanctioning of FDR and then transfer the amount to and other account from OD and same procedure adopted. After visa was issued the FDR was canceled and surplus amount was withdrawn with the help of blank cheque. He also not ascertained the reasons why the guidelines of obtaining PAN/TDS implemented in these accounts. He has also not ascertained whether sanctioned OD was reported in the limit sanctioned.

2. Succinctly facts of the case are that the appellant filed an application dated 14.09.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Fazilka, seeking aforesaid information. The CPIO vide letter dated 11.10.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 12.10.2021. The First Appellate Authority (FAA) vide order dated 10.11.2021disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 12.11.2021 before the Commission which is under consideration.

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3. The appellant has filed the instant appeal dated 12.11.2021 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 11.10.2021 and the same is reproduced as under:-

(i) "The Grievance numbers listed in information sought is the third party grievances. Information sought by you cannot be provided as the same falls under exemption from disclosure under Section 8 (1) (d), (e) & (j) of RTI Act.

(ii) The Grievance numbers listed in information sought is the third party grievances. Information sought by you cannot be provided as the same falls under exemption from disclosure under Section 8 (1) (d), (e) & (j) of RTI Act.

(iii) The information cannot be provided as same being exempted from disclosure under Section 8 (1) (d) of the RTI Act, 2005 which exempts information including commercial confidene, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party and collection of this information would disproportionately divert the resources of the public authority.

(iv) The information sought doesn't pertains to us.

     (v)       Matter doesn't pertains to our circle.

     (vi)      The case no. CIC/PNBNK/A/2018/172444 doesn't pertains to our circle.

(vii) Information sought by you cannot be provided as the same falls under exemption from disclosure under Section 8 (1) (d), (e) & (j) of RTI Act.

(viii) It is an administrative decision of the bank as per procedure. Further it is not related to you directly/indirectly and doesn't involve any public interest.

Therefore the information cannot be provided as same being exempted from disclosure under Section 8 (1) (d) of the RTI Act, 2005.

(ix) The information sought is in the form of query. CPIO is not obliged to reply Page 6 of 8 this.

(x) The information sought is not specific, so we are not in the position to provide the information.

The FAA vide order dated 10.11.2021 upheld the reply of CPIO.

5. The appellant remained absent and on behalf of the respondent Shri Kuldeep Singh, Chief Manager & CPIO, Punjab National Bank, Fazilka attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that they had furnished point-wise information to the appellant vide letter dated 11.10.2021.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that due reply was given by the CPIO on 11.10.2021. It may be noted that the RTI application was perfunctorily drafted and the appellant had sought information about grievances filed by him on CPGRAM portal. However, the respondent had dealt with all the points in the RTI application. Further, in the absence of the appellant or any written objections thereof, the averments made by the respondent were taken on record. There appears to be no public interest in prolonging the matter further. Accordingly, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

Sd/-

                                                                              सुरेश चं ा)
                                                           (Suresh Chandra) (सु        ा
                                                                           सूचना आयु )
                                                Information Commissioner (सू
                                                                 दनांक/Date: 28.12.2022
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)
Addresses of the parties:
The CPIO
Punjab National Bank,
Circle Office, 1st Floor, PNB Main
Branch, Abohar Road,
Fazilka - 152123
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 The First Appellate Authority
Punjab National Bank,
Circle Office, 1st Floor, PNB Main
Branch, Abohar Road,
Fazilka - 152123

Shri Sham Sunder




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